I have purchased a 3bhk flat on the name of my mother, in Borivali, Mumbai from the owner of the flat, now will be referred as seller, who has also sold his parking to us. The seller told verbally as the parking space is huge, so 2 cars, 1 hatchback and other sedan can be parked easily without any hinderance to anyone. But as we see in building, there is shortage of space for parking and many has to park outside. Our parking space is purchased, some has purchased and have their own 1 car parking, while other members are allocated parking space by lottery system. This issue is been raised several times in society, but secretary and seller told that this fight is going to continue and they fought it by defending that allocated space is purchased by us.
Though, we don’t have building master plan or anything like that, but some society members objected that we are illegally parking 2 cars as space is for one. My query is how to prove the allocated parking size, and even if there extra space which is by default way attached to us, we can park accordingly, what is the correct way to identify the space, if extra undefined space is present and joined to the purchased area, then how to defend our case? How to prove that space is, in default way, can be used by the owner?
Kindly guide us as the society members have always this question which harasses us in every AGM.
I C Naik
The contract for selling parking space by the developer has been held to be illegal and not enforceable against the society by the Supreme Court in the case of “Nahalchand Laloochand P.Ltd. vs Panchali Co-Op.Hng.Sty.Ltd. decided on 31 August, 2010’ TheApex Court held “The promoter has no right to sell any portion of such building which is not `flat’ within the meaning of Section 2(a-1) and the entire land and building has to be conveyed to the organisation; the only right remains with the promoter is to sell unsold flats.”
This judgment does not automatically make your contract illegal. The society in General Body Meeting can decide to treat parking spaces sold by the builder as illegal and take possession thereof.
What I suggest is let the issue not explode so much that the society is tempted to go for such resolution.